THE fundamental of receiving an employ- ment contract is you must be fit for employment hence the moment you are found unfit, the employer — private sector — will ask you to exit the company.
Now the question is what determines whether you are fit or unfit for your job?
Speaking to The HEALTH, MIHRM CEO, Aresandiran J explained that there are a couple of factors that needs to be taken into account.
“We are all susceptible to illness even when you are fit. There are two types of illness; occupational illness and from previous page critical illness.”
“Occupational illness refers to falling ill due to the nature of the occupation. Suffering from pain due to work which is hard labour.”
“Meanwhile critical illnesses refers to a situation whereby the employee is diagnosed with cancer, heart disease which is not caused by the occupation.”
“The company is not allowed to end your contract if you are suffering from occupational illness.”
“Instead, the company need to help every employee to apply to Social Security Organisation (SOCSO) to gain benefits which gives you an assurance up to 60 years old.”
“Before receiving these benefits, normally what the company does is they will con- tinue to pay you in full for the first three to six months if you are suffering from prolonged illnesses, which might defer according to the company policy itself.”
“If you are still unable to continue the employment then you are eligible to apply for SOCSO. Nonetheless, if your first application was rejected then you will need to make an appeal to the Appeal Board.
“However, before appealing a doctor need to certify that you are unable to continue employment.
“Secondly, at the same time every employee can apply for termination ben- efits from the employer under the Employment Termination Regulation.
“If you are a management staff and facing occupational illness then the company will apply for their insurance whereby the insurance money must go to the employee,” explained Aresandiran.
Meanwhile for government sectors, if the employee suf- fers from non-occupational
illness such as cancer which presumably disallowing from continuity of the job, the employee can apply for medical board out.
According to Aresandiran, every company in the private sector have different policies in dealing with matters on whether you are fit or unfit for the job compared to gov- ernment sectors that has a standardise procedure.
“Employer is not allowed to dismiss the employee not because they are not fit for employment instead they are medically incapable in doing so.”
“Hence, the company will need to come out with Volun- tary Separation Scheme (VSS).”
“Nevertheless, this is where the benevolent purpose of the company is not applied. Many company chose to handle the matter from the aspect of dismissal.”
“When this happens the employee will need to file a complaint to the Industrial Court of Malaysia which the court will then see the matter is not being done in good faith.”
He also shared his own experienced whereby the termination was carried out according to the employee’s position.
“If the employee is a non- executive, employer needs to try to fit a benefit under the occupational illness. However if it is not occupational illness the employer needs to talk to the employee and provide them with termination benefits.”
“Normally every staff is qualified to receive payment from the company insurance. The money will be delivered directly to the employee.”
“The process of dealing with occupational illness is simple because it is standardised but for health illness it is different according to the company policies.” – The HEALTH